Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was, in effect, to vacate the dismissal of the complaint with prejudice is granted, and the complaint is reinstated.
After an ex parte communication with a defense counsel on February 10, 2003 (see Rules of Judicial Conduct [22 NYCRR] § 100.3 [B] [6] [a]), following this Court's vacatur of a stay of further proceedings, the Supreme Court...
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